Can a defendant bring a motion for a reversal of his conviction for an assault conviction based on an error in admitting to the crime?
California, United States of America
The following excerpt is from People v. Cortez, H042811 (Cal. App. 2019):
Even if we assume this evidence was erroneously admitted, defendant cannot show that there was prejudicial error warranting reversal of his conviction. "Erroneous admission of other crimes evidence is prejudicial if it appears reasonably probable that, absent the error, a result more favorable to the defendant would have been reached." (People v. Felix (1993) 14 Cal.App.4th 997, 1007-1008, citing People v. Watson (1956) 46 Cal.2d 818, 836-837.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
What is the test for reversal of a jury verdict in a motion where a defendant is found not guilty of assault but convicted of assault by reason of negligence? (California, United States of America)
Does the error of trial counsel in admitting that a defendant has been convicted of a similar crime to the same crime on trial for the same offence result in prejudice? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
What is the factual and procedural background to a motion of appeal against the conviction of defendant in the case of defendant's sexual assault conviction? (California, United States of America)
Can a judge reverse a judgment of conviction of a defendant in a motion to overturn his conviction for assault? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
